Gross Negligence Manslaughter

Question 1

How many elements are in GNM?

Answer 1

5

Question 2

What is the first element?

Answer 2

Firstly, D must have owed a duty of care (Singh).

Question 3

What is the second element?

Answer 3

Secondly, D must have breached the duty owed, by falling below the reasonable standard of care test (Blyth VS Birmingham Waterworks).

Question 4

What is the third element?

Answer 4

Thirdly the breach of duty must cause the death. Factual causation and legal causation…

Question 5

What is the fourth element?

Answer 5

Fourthly, there must have been a serious and obvious risk of death and death did result (Rose, Rudling and Kuddus).

Question 6

What is the fifth element?

Answer 6

Fifthly, there must be gross negligence, where the negligence was such to make D criminally liable in the eyes of the jury.

Question 7

What else can a duty arise from?

Answer 7

An omission which means a failure to act when there was a duty to act.

Question 8

What are the cases for the factual causation?

Answer 8

White,Pagett,Hughes

Question 9

What are the cases for the legal causation?

Answer 9

Smith,Pagett